Loading...
HomeMy WebLinkAboutordinance.council.006-02 ORDINANCE NO. 6 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING COMMERCIAL DEVELOPMENT AND AFFORDABLE HOUSING DEVELOPMENT ALLOTMENTS FOR THE MURPHY DEVELOPMENT PROPOSAL, 615 EAST BLEEKER STREET, LOT #2 GIGNOUX-LYNCH SUBDIVISION, CITY OF ASPEN. Parcel No. 2737.073.51.004 WHEREAS, the Community Development Department received an application (known as the Murphy Development proposal) from George Murphy, owner of Lot #2 Gignoux-Lynch Subdivision, for 1,800 square feet of commercial growth management allocations for a 600 square foot expansion of an existing commercial building (being reconstructed), conversion to commercial of an existing 1,200 square foot residential storage building, and three one-bedroom affordable housing units to be constructed at 615 East Bleeker Street, City of Aspen; and, WHEREAS, the Murphy Development also proposes reconstruction of an existing 1,000 square foot commercial building for which growth management allocations are not necessary; and, WHEREAS, pursuant to Sections 26.304 and 26.470.080 of the City of Aspen Land Use Code, land use applications requesting growth management allotments are reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring is then forwarded for acceptance to the Pitkin County Board of County Commissioners and the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, during a duly noticed public hearing on January 15, 2002, the Aspen/Pitkin County Growth Management Commission considered the recommendation of the Community Development Director, the recommendation of the AsperffPitkin County Housing Authority Board of Directors, and testimony offered by the general public, considered the project for initial and final scoring, found the proposal meeting or exceeding the necessary scoring, and recommended, by a ten to zero (10-0) vote, City Council allocation of 1,800 square feet of commercial and three affordable housing development allotments for the Murphy Development proposal, subject to the conditions of approval listed in GMC Resolution 01, Series of 2002; and, WHEREAS, pursuant to Resolution No.27, Series of 2002, the Pitkin Comity Board of County Commissioners has accepted the scoring recommended by the Growth Management Commission; and, Ordinance No. 6, Series of 2001 Page 1 WHEREAS, pursuant to Section 26.304 of the Land Use Code, City Council may exempt affordable housing in compliance with the AspetffPitkin County Housing Authority Guidelines after considering a recommendation from the Aspen/Pitkin County Housing Authority and the comments offered by the general public at a duly notice public hearing; and, WHEREAS, the AsperffPitkin County Housing Authority has recommended approval of the proposed units; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Growth Management Commission, the AsperffPitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards, accepts the recommended scoring by the Growth Management Commission, and finds that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: The Murphy Development Proposal is hereby awarded three (3) affordable housing development allotments and 1,800 square feet of commercial development allotment pursuant to the conditions of approval listed in Growth Management Resolution 01, Series of 2002. Section 2: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the AsperffPitldn County Growth Management Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or Ordinance No. 6, Series of 2001 Page 2 amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pit!dh County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 1 lth day of March, 2002, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City'ofAspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City ~Council of the City of Aspen on the 11~ day of February, 2002. FINALLY, adopted, passed and approved this Jt/ day of~/-.,~Q2002. Approved as to form: John 1~. W~c~ster, City Attorney c 5home\Chris\CA SES\MurphyGMQ S\Ordinance.doc Ordinance No. 6, Series of 2001 Page 3